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Oct 9, 2012
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so, it became law december 25th, christmas morning. okay. this is the same bill when it was going through. the yellow tag is from tom rivard who was our noise man. and who just recently retired, he basically wrote it. he sent it to me during -- when it was going through [speaker not understood], section 29 09 deals with your issues marked by green. all the best. tom rivard. and this is basically residential property noise. they can go, if you build something, remodel something, you can go five decibels above what we heard last night. that's noise. and on the other page it will say commercial places can go 8 decibels. and we know that when you go to 10 decibels, basically you're doubling the amount of noise. and we'll end today, that's the noise map of 2009. and the deeper colors, that's a lot of noise. that's a little noise. but it's all one [inaudible]. thank you. >> thank you very much. thank you. next speaker. >>> good afternoon, honorable board of supervisors. [speaker not understood] and i am [speaker not understood] living in the missi
so, it became law december 25th, christmas morning. okay. this is the same bill when it was going through. the yellow tag is from tom rivard who was our noise man. and who just recently retired, he basically wrote it. he sent it to me during -- when it was going through [speaker not understood], section 29 09 deals with your issues marked by green. all the best. tom rivard. and this is basically residential property noise. they can go, if you build something, remodel something, you can go five...
SFGTV: San Francisco Government Television
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Oct 7, 2012
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not every contact is a law enforcement contact. these contacts are about getting to know these individuals and building trust. sometimes they have to do the job of making that arrest and a lot of times it's building trust and trying to make that breakthrough. and once they do make that breakthrough, you should see the looks on their faces when they come into the office and say, hey, we got a guy, we got a guy that we've been talking to for a year and he wants to come forward and he wants to try it. i can't speak enough about that. their dedication also goes beyond just their work with gang prevention and violence prevention. whenever there is an issue in the district, i can always count on these two to come forward and with some sort of idea, hey, how about if we try this, how about if we try that? they're always thinking towards making improvements, not just within the issues that they work with, but within the district as a whole. they are truly an asset not only to the mission, but to the city of san francisco. and it's a pleasu
not every contact is a law enforcement contact. these contacts are about getting to know these individuals and building trust. sometimes they have to do the job of making that arrest and a lot of times it's building trust and trying to make that breakthrough. and once they do make that breakthrough, you should see the looks on their faces when they come into the office and say, hey, we got a guy, we got a guy that we've been talking to for a year and he wants to come forward and he wants to try...
SFGTV: San Francisco Government Television
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Oct 6, 2012
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your in-laws, cousins. and follow instruction. also given the impression that this perpetrators, they believe they are using application drugs to make their victims unconscious and follow instructions. there's no evidence so far, even when i was working in hong kong, we never found any evidence on that. but there is a strong belief in that. second thing i want to say is language barriers. we found out in ones we have attacked in san francisco we find there is a huge limitation in this language services. i'm helping and actually i was donating a lot of my personal time in translating personal documents because they don't have an officer who have capacity of getting document translated.i covered my points because -- >> i just want to say thank you for your work. i really believe you go across the entire city above and beyond and you have done a lot of volunteering of your time. i'm sure you have done this a lot. i just want to say thank you for your service. it is really important. we rely a lot on you in the city. there should be m
your in-laws, cousins. and follow instruction. also given the impression that this perpetrators, they believe they are using application drugs to make their victims unconscious and follow instructions. there's no evidence so far, even when i was working in hong kong, we never found any evidence on that. but there is a strong belief in that. second thing i want to say is language barriers. we found out in ones we have attacked in san francisco we find there is a huge limitation in this language...
SFGTV2: San Francisco Government Television
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Oct 11, 2012
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we may skirt the law and serve something before 6:00 a.m. the bookmobile, where are they? >> i have my cheat sheet here which i cannot find. the library has been here after great disasters. there has -- is a special book that won an award this year. here is the book. i downloaded it on my kindle. it can check out copies of the book mobile. nex>> thanks for being here. start walking slowly. welcome to san francisco, everyone. ♪ >> good morning, good morning, i am charlette shults and behalf of mayor lee, we welcome you to this occasion that we have been waiting for for six years because the mayor of paris, this occasion, we're excited that mayor delaware is here from paris, he was here six years ago and we have been meeting every air france flight since then waiting
we may skirt the law and serve something before 6:00 a.m. the bookmobile, where are they? >> i have my cheat sheet here which i cannot find. the library has been here after great disasters. there has -- is a special book that won an award this year. here is the book. i downloaded it on my kindle. it can check out copies of the book mobile. nex>> thanks for being here. start walking slowly. welcome to san francisco, everyone. ♪ >> good morning, good morning, i am charlette...
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Oct 10, 2012
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that's how law is. haw is always the -- law is always the application of law to facts. >> supervisor farrell: okay. i want to get back to the timing question that you talked about earlier. there is an act that happened on december 31st, and then your brief talks a lot about subsequent behavior. and then an ultimate plea on march 12, i believe. i know you talked about and your brief talks about having not just the act on december 31 but the entire course of conduct be part of this -- you want us to consider the whole body of work, if you will. one question though i think it was competing between your brief and the attorneys for mr. mirkarimi's brief -- >> president chiu: speak into the mic, it's hard for folks to hear. >> supervisor farrell: competing arguments between briefs about the plea in and of itself. and i want to get a clarification. i understand the plea was a result of actions that occurred on december 31. but i want to be clear because your brief, to me, suggested that a plea, in and of itsel
that's how law is. haw is always the -- law is always the application of law to facts. >> supervisor farrell: okay. i want to get back to the timing question that you talked about earlier. there is an act that happened on december 31st, and then your brief talks a lot about subsequent behavior. and then an ultimate plea on march 12, i believe. i know you talked about and your brief talks about having not just the act on december 31 but the entire course of conduct be part of this -- you...
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Oct 11, 2012
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i understand the appearance but i think by the letter of the law everything is above board. i appreciate raising the issue, if you will. colleagues i don't know if you have any comment but i would suggest disagree with that. and then finding 38 about the funding of 600,000 would agree with. recommendation 22, that the arts commission symphony agreement comply with the intent of the charter and full amount of revenue go to symphony operating dispenses. my understanding that is being implemented. and then recommendation 23 to redirect the hotel tax funding money, tax fund money allocated that is go to i think require further analysis in the course of our budget process. so that was a long list colleagues. any comments, questions, additional thoughts? all right. seeing a motion with those findings? >> resolution as amended. >> seconded. >> so we can do that without objection. again, i want to thank the civil grand jury for your work on this. you highlight issues that would not have been brought to light otherwise. again, understand that we may agree, disagree, or understand tha
i understand the appearance but i think by the letter of the law everything is above board. i appreciate raising the issue, if you will. colleagues i don't know if you have any comment but i would suggest disagree with that. and then finding 38 about the funding of 600,000 would agree with. recommendation 22, that the arts commission symphony agreement comply with the intent of the charter and full amount of revenue go to symphony operating dispenses. my understanding that is being implemented....
SFGTV: San Francisco Government Television
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Oct 14, 2012
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, and city law enforcement. we need toíy and balances in city government and how we're upholding the will of the voters. i think it goes without saying that no one here condones any form of domestp whether it is physical verbal or psychological abuse and all could havet )ñ been in play tonight. i'm proud as a city we have8ep )tátdomestic violence and what we can domestic violence in the future. ash£&ic officials we are expected to be models of good behavior and lawful behaviory,çgx while everyone knows none of us are perfect. there was reasonable expectation of greateroqt&3 scrutiny of public officials in our private practices. but this vote is not about affirming thatÑh$ what -- is not about affirming that we abhor all forms of domestic violence or;@6u )jt moral standards for elected officials. what we are here to decide is whether or not sheriff is guilty of official misconduct and thus8qoñ removal from offers. while the agents -- the commission > jf÷ñ 4-1 for the board to uphold the sheriff's removal
, and city law enforcement. we need toíy and balances in city government and how we're upholding the will of the voters. i think it goes without saying that no one here condones any form of domestp whether it is physical verbal or psychological abuse and all could havet )ñ been in play tonight. i'm proud as a city we have8ep )tátdomestic violence and what we can domestic violence in the future. ash£&ic officials we are expected to be models of good behavior and lawful behaviory,çgx...
SFGTV: San Francisco Government Television
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Oct 14, 2012
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with the city attorney's office, we believe we are in complete compliance with the charter and the law. the path-through, the earmark like we have for the police department, the municipal earmark from the charter goes directly to the san francisco symphony in it's entirety resulting in 12 community events, symphony events including dolores park and other parts of the city. and the gift that is received by the arts commission from the san francisco symphony is in compliance with the admin code or the arts commission's ability to accept gifts under 5.100 of the city charter. so and it's our feeling that that is a great partnership and it is the gift is greatly valued and supports our general fund program including community education in our grants program so the arts commission is very grateful and we believe based on the city attorney's advisement that we are in compliance with the charter and with the law on that. >> we can certainly ask the city attorney about that if we want to in a bit. so they submit back 40% i know it's not necessarily the same pool of money. i guess the response
with the city attorney's office, we believe we are in complete compliance with the charter and the law. the path-through, the earmark like we have for the police department, the municipal earmark from the charter goes directly to the san francisco symphony in it's entirety resulting in 12 community events, symphony events including dolores park and other parts of the city. and the gift that is received by the arts commission from the san francisco symphony is in compliance with the admin code...
SFGTV: San Francisco Government Television
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Oct 12, 2012
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with the city attorney's office, we believe we are in complete compliance with the charter and the law. the path-through, the earmark like we have for the police department, the municipal earmark from the charter goes directly to the san francisco symphony in it's entirety resulting in 12 community events, symphony events including dolores park and other parts of the city. and the gift that is received by the arts commission from the san francisco symphony is in compliance with the admin code or the arts commission's ability to accept gifts under 5.100 of the city charter. so and it's our feeling that that is a great partnership and it is the gift is greatly valued and supports our general fund program including community education in our grants program so the arts commission is very grateful and we believe based on the city attorney's advisement that we are in compliance with the charter and with the law on t
with the city attorney's office, we believe we are in complete compliance with the charter and the law. the path-through, the earmark like we have for the police department, the municipal earmark from the charter goes directly to the san francisco symphony in it's entirety resulting in 12 community events, symphony events including dolores park and other parts of the city. and the gift that is received by the arts commission from the san francisco symphony is in compliance with the admin code...
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but i also believe that we need to decide this0 p case on the merits of the law. i too shared some concernsúo> with my colleagues about the comments that we heard today. i foundxa,w them to be -- some to be ñ6émi a shocked because it's coming from a community r advocating peace, fairness restorative justice democracy yet at timesf3wv i feel like particularly when listening to public comment that these principles were/Ñ-l not extended to every single san franciscanñçÑ. in?zji closing i will say that i think -- i believe that the sheriff musto? capable of maintaining emotional control and?hyvvq)cise good judgment under all and extreme difficult challenging circumstances. that's it. >> thank you. añ president chiu. >> president chiu: thank you. i wanted to state in thisj ninth hour deliberations i want to thank the public for all of thewíes perspectives and values and stories and truth that you've i want to thank the competent counsel on both sides of this issue. i absolutely want to thankh-w the ethics commission and its chair for your leadership and for yo
but i also believe that we need to decide this0 p case on the merits of the law. i too shared some concernsúo> with my colleagues about the comments that we heard today. i foundxa,w them to be -- some to be ñ6émi a shocked because it's coming from a community r advocating peace, fairness restorative justice democracy yet at timesf3wv i feel like particularly when listening to public comment that these principles were/Ñ-l not extended to every single san franciscanñçÑ. in?zji closing i...
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Oct 12, 2012
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enforcement officer, he is responsible for enforcing the laws, and for him to violate the law is misconduct as it relates to his duty of enforcing those laws. even more closely related, he is responsible for enforcing domestic violence programs, and that certainly is -- on a subject matter basis, the majority found, relates to those duties when he actually committed physical abuse against his spouse. >> supervisor kim: then does it follow that if the sheriff manages a variety of different programs for crimes that you may commit, including for example a dui, that there would therefore be a relationship if there was a misdemeanor of a different crime, because the sheriff runs programs i assume to address rehabilitate or imprison folks that are convicted of those misdemeanors, would that therefore then be the relationship to the office? >> perhaps it is a fool'ser rand for me to attempt to elucidate everything in the minds of the majority but based on my reread of the transcript and having been at the discussions, i do think that in that situation, a dui could, for the sheriff, be deemed offic
enforcement officer, he is responsible for enforcing the laws, and for him to violate the law is misconduct as it relates to his duty of enforcing those laws. even more closely related, he is responsible for enforcing domestic violence programs, and that certainly is -- on a subject matter basis, the majority found, relates to those duties when he actually committed physical abuse against his spouse. >> supervisor kim: then does it follow that if the sheriff manages a variety of different...
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Oct 10, 2012
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in your official capacity or are you purporting to do it in your official capacity and i think case law supports this view. while the majority believe that mazzola did not apply mazzola actually did discuss this portion of 15105e, and they discussed it extensively and determined that relation of the duties of his or her office must have a direct connection to the duties. and finally, as a matter of public policy, i think the voters wanted this to be clear, and i think that clearly they intended for official misconduct to be different than some other type of misconduct, likely personal misconduct. the reason i dissented is because if you follow what the majority did, they did not provide a clear basis for how official misconduct and personal misconduct would be delineated. and i think a bright line rule. >> president chiu: thank you. >> required here. thank=)ñ you. >> president chiu: colleagues, any questions to the chairman? supervisor olague. >> supervisor olague: i'd like to hear him continue his sentence. >> president chiu: could you finish your final thought. >> thank you, mr. pres
in your official capacity or are you purporting to do it in your official capacity and i think case law supports this view. while the majority believe that mazzola did not apply mazzola actually did discuss this portion of 15105e, and they discussed it extensively and determined that relation of the duties of his or her office must have a direct connection to the duties. and finally, as a matter of public policy, i think the voters wanted this to be clear, and i think that clearly they intended...
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Oct 12, 2012
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i don't have a law degree like many of you do but i believe my constitutional right under the law has been violated because someone involved in this case got two days in court for allegations that were nowhere near what happened to me. i want to know why gina flores was given two days in court. i'm here to support reinstatement of ross mirkarimi. because we need his leadership yesterday. i want to ask a question perhaps to invoke a little bit of humor. i wonder who is the biggest liar, mayor edwin lee, the san francisco chronicle, or mitt romney. >> president chiu: next speaker please. >> hi. my name is kathy black, executive director ofwc]%u la ca de los madres. the facts matter.41q$ the sheriff admitting a violent act against his wife.#[t he pled guilty to false imprisonment in a domestic violence quais. we have not been surprised by the minimize of the injury and unwillingness to takeÑ2 responsibility and blaming others. in front of you today we stand for victim(abq safety. it is also up to us to stand matter what paths they choose to take. accountability. the facts stand, sher
i don't have a law degree like many of you do but i believe my constitutional right under the law has been violated because someone involved in this case got two days in court for allegations that were nowhere near what happened to me. i want to know why gina flores was given two days in court. i'm here to support reinstatement of ross mirkarimi. because we need his leadership yesterday. i want to ask a question perhaps to invoke a little bit of humor. i wonder who is the biggest liar, mayor...
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Oct 9, 2012
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enforcement officer, he is responsible for enforcing the laws, and for him to violate the law is misconduct as it relates to his duty of enforcing those laws. even more closely related, he is responsible for enforcing domestic violence programs, and that certainly is -- on a subject matter basis, the majority found, relates to those duties when he actually committed physical abuse against his spouse. >> supervisor kim: then does it follow that if the sheriff manages a variety of different programs for crimes that you may commit, including for example a dui, that there would therefore be a relationship if there was a misdemeanor of a different crime, because the sheriff runs programs i assume to address rehabilitate or imprison folks that are convicted of those misdemeanors, would that therefore then be the relationship to the office? >> perhaps it is a fool'ser rand for me to attempt to elucidate everything in the minds of the majority but based on my reread of the transcript and having been at the discussions, i do
enforcement officer, he is responsible for enforcing the laws, and for him to violate the law is misconduct as it relates to his duty of enforcing those laws. even more closely related, he is responsible for enforcing domestic violence programs, and that certainly is -- on a subject matter basis, the majority found, relates to those duties when he actually committed physical abuse against his spouse. >> supervisor kim: then does it follow that if the sheriff manages a variety of different...
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the california constitution state law requires a grand jury to serve from july 1 to july 30 of the following year. in san francisco the presiding judge of the superior court empanels two grand jury, one that's the indictment grand jury and we the civil grand jury report on matters of concern. the citizen watchdog of county government, the civil authority has authority to investigate and viewt niez the conduct of business of county government as well as the operations of various offices and agencies. the 19 of us, all citizens of san francisco, determine which officers, departments, and agencies the jury will investigate during its one year term of office. so during this year, we were required to make at least one report of our findings and recommendations for improvement. during these investigations jury has authority to inspect and audit the books and subpoena if required civil servants who have pertinent information. during the course of the year it's not unheard of for a grand jury to put in over 500 hours of his or her time into the work of the grand jury. so in order for a report to bec
the california constitution state law requires a grand jury to serve from july 1 to july 30 of the following year. in san francisco the presiding judge of the superior court empanels two grand jury, one that's the indictment grand jury and we the civil grand jury report on matters of concern. the citizen watchdog of county government, the civil authority has authority to investigate and viewt niez the conduct of business of county government as well as the operations of various offices and...
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can purport to be on the job or purport to use the power of your officex';[ under the color of the law. i think about the last time this came before us -- notpwon÷ before the board of supervisors but the last time it occurred in the city andi@4y that was with ajew. if supervisor+>çda elect had told the store he would help them through a planning processbú$g if they took a bribe before he swore an oath of office i(r think he committed official misuse of conduct because he is using his office under the color of the law so tai he can do one thing or a; i think the timing issue has been well settled here. on the definition ofy[ri official misconduct, and hees where i agree with chairman huh i think wej1jj need to take the most narrow definition of official misconduct asxn1 defined by maz ol-a and black's law disiksary and that the conduct clause whether it falls below the standard of desen ski must be inwwg2f direct relation and connected to the performance of your official duties or purá,6u purporting to perform your official duties. on the standard, and this isuú0zp where it got sti
can purport to be on the job or purport to use the power of your officex';[ under the color of the law. i think about the last time this came before us -- notpwon÷ before the board of supervisors but the last time it occurred in the city andi@4y that was with ajew. if supervisor+>çda elect had told the store he would help them through a planning processbú$g if they took a bribe before he swore an oath of office i(r think he committed official misuse of conduct because he is using his...
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and, you know,zqíaáá we're left with though is the law. chartereejj4 section, and if ts any am biewg iewt, and the attorney -- theq4l mayor earlier couldn't tell you which misdemeanor might not be official misconductr=;xg or mi. so similarly, i don't think we're going to be able to articulate for you everyla] possible nuance, because the law itself is ambiguous. theredzl(é is, as the ethics commission majority said, there's room for disagre&, for disagreement, where the law is ambiguous, you ultimately shoul come down on the side of the sheriff and the voters. >> supervisor wiener: i understand. we also[ + hypotheticals probe and push to actual position is, because people talkedwaógt about preced. and so i think going both ways we heard some92gl i think it's fair to push hypotheticals both sides to -- the particular argument. i appreciate it. >> president chiu: thank you. ladies and gentlemen, we've been going for two hours. i understand our stenographer needs about seven minute break to rest her hands and switch out a tape. i suggest
and, you know,zqíaáá we're left with though is the law. chartereejj4 section, and if ts any am biewg iewt, and the attorney -- theq4l mayor earlier couldn't tell you which misdemeanor might not be official misconductr=;xg or mi. so similarly, i don't think we're going to be able to articulate for you everyla] possible nuance, because the law itself is ambiguous. theredzl(é is, as the ethics commission majority said, there's room for disagre&, for disagreement, where the law is...
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Oct 10, 2012
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because that defines everything underneath that law. the reasonçjj;$at they could evn make the poor case that they did confines of official misconduct that is indicated in thedvá' rel brief right here, official now, an important question. what is official. here's the definition ofr@ official. it says here, a person invested with the authority of thesón office. that means they have to have the power of the office. they can't be pract/1r(mz%Ñ getting ready for it or preparing for it. they have to have the authority of the office. either we.zj83 are a country o, tierney is what is being offered here. and theygtç8o offer that -- i hd from the attorney for the mayor this morning saying that there was a triparti system that was going to save this from being tyrannical. what if a political machine, per chance, had control of the san francisco. how -- what solace could any voter take in that very skimpy protection that she offers. we have only one thing, the rule of law. >> presidenlaw. >> hello. my name is josh wolf, and when i found mys
because that defines everything underneath that law. the reasonçjj;$at they could evn make the poor case that they did confines of official misconduct that is indicated in thedvá' rel brief right here, official now, an important question. what is official. here's the definition ofr@ official. it says here, a person invested with the authority of thesón office. that means they have to have the power of the office. they can't be pract/1r(mz%Ñ getting ready for it or preparing for it. they...
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Oct 8, 2012
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it's simply strengthening a law that we already have. it's already been determined that there is a need for it. we have already agreed that it's a problem and that we want to control this and contain this issue. and this will actually give us, again, the tools that we need to ensure that that happens. i have noticed that no one is here from pharmaceutical or the gap or google or wherever the list that janine had. and i think i haven't heard any opposition generally to this and that is because it would be so brazen to show up here today and say, no, we think it's wrong for you to restrict our ability to make a profit at the expense of san francisco renters. who are holding on to their homes in this increasingly unaffordable housing market and that is telling. again, i think this is sort of a no-brainer in terms of we are going to lose our families, our low-income renters, immigrants, people that without the rent-controlled units they will simply no longer be living in the city or be living on the streets and of course we'll be putting cit
it's simply strengthening a law that we already have. it's already been determined that there is a need for it. we have already agreed that it's a problem and that we want to control this and contain this issue. and this will actually give us, again, the tools that we need to ensure that that happens. i have noticed that no one is here from pharmaceutical or the gap or google or wherever the list that janine had. and i think i haven't heard any opposition generally to this and that is because...
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ituqó wasn't shown that when the sheriff grabbed his wife, that it was4rú% done under the color of the law or that he used his office or the powers of his officeqñt to commit what i consider to be violence against her. and i want to be very clear about that. i do think that what happened was incredibly#] egregious. where i was then again troubled was withw8m counts two and three which were not the counts brought before us. i agreed with@rkz ethics that count three was not shown by preponderance of evidence, that whileÑ'5o it was plausible that the sheriff tried to dissuade witnesses fromx8vc speaking out against him, there wasn't the evidence or preponderance ofz@p@k evidence to show that that is what he did. where i remain stuck is count4'ky two. and count two referred touh whether he -- what he meant by the statement that he's a powerful-.÷l man. and whether i think by he was purporting to use his powers to threaten child8=ó custody ownership. the motion before the board -- and i think is kind of a lot of -- certain ambiguity here because this is8óh:s the first time that we're heari
ituqó wasn't shown that when the sheriff grabbed his wife, that it was4rú% done under the color of the law or that he used his office or the powers of his officeqñt to commit what i consider to be violence against her. and i want to be very clear about that. i do think that what happened was incredibly#] egregious. where i was then again troubled was withw8m counts two and three which were not the counts brought before us. i agreed with@rkz ethics that count three was not shown by...
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decided, no, it's not unconstitutionally vague because we have all these cases and this developed body of law about what it is, what official misconduct is. and that's when they went on to say it's misconduct that occurs in office number one and relates to your duties. the part we object to is the subsequent language -- >> supervisor elsbernd: 1995 language. >> yes. >> supervisor wiener: was not the 1995 language directly a result of the%f7r mazzola -- or than a couple of words verbatim, didn't we include thatÑll langu? >> some, not all. >> supervisor elsbernd: one of the things that i've struggled=f with as i've read through the briefs, your comments, and you was understandably the sheriff very limited view of the role of the3qqt sheriff. can you articulate again for me your view of the role of thekós" sheriff. >> well, i think that a distinction has to be made between>wy the role and the dut, articulate enough about that. but we see the duties as they are codified, as%bhx5 relatively limited. >> supervisor elsbernd: so then -- >> president chiu: supervisor more closely to the mic. >> sup
decided, no, it's not unconstitutionally vague because we have all these cases and this developed body of law about what it is, what official misconduct is. and that's when they went on to say it's misconduct that occurs in office number one and relates to your duties. the part we object to is the subsequent language -- >> supervisor elsbernd: 1995 language. >> yes. >> supervisor wiener: was not the 1995 language directly a result of the%f7r mazzola -- or than a couple of...
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Oct 14, 2012
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with the city attorney's office, we believe we are in complete compliance with the charter and the law. the path-through, the earmark like we have for the police department, the municipal earmark from the charter goes directly to the san francisco symphony in it's
with the city attorney's office, we believe we are in complete compliance with the charter and the law. the path-through, the earmark like we have for the police department, the municipal earmark from the charter goes directly to the san francisco symphony in it's
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Oct 10, 2012
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we decide this casee24ne based on the law that governance official misconduct, including. the charter provisions that control it, and based on theam1sidence presented. and if you look at the facts and aç the law, it is clear that there are two possiblel+lcm interpretations of what official misconduct and while i understand and respect the position that has been articulatedíuááájuárjy and i want to thank president hur beca
we decide this casee24ne based on the law that governance official misconduct, including. the charter provisions that control it, and based on theam1sidence presented. and if you look at the facts and aç the law, it is clear that there are two possiblel+lcm interpretations of what official misconduct and while i understand and respect the position that has been articulatedíuááájuárjy and i want to thank president hur beca
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Oct 11, 2012
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we are going to act within the law. i worked out -- >> unfortunately with two minutes i have to cut mayor alioto off. but that was phase one of the street artist program. we're in phase two right now with the arts commission and we've seen mismanagement and negative. i have a background in business. i was a manager of many body shops, and what i've southeastern in this street artist program is absolute neglect of best practices. they don't know what they are. i would suggest one thing, i'd like to say is, in their last district two, they say that the street artist make $4 million a year. that's what we earn. well if you take 400 members and divide it into $4 million, that's $10,000 apiece. that's under the poverty level. we pay the arts commission $300,000 so we are under the poverty level. it has to be changed. and i support the change to the small business organization. thank you. >> president farrell: thank you very much. next speaker come on up. >> i submitted a statement to you guys get it? >> president farrell: sp
we are going to act within the law. i worked out -- >> unfortunately with two minutes i have to cut mayor alioto off. but that was phase one of the street artist program. we're in phase two right now with the arts commission and we've seen mismanagement and negative. i have a background in business. i was a manager of many body shops, and what i've southeastern in this street artist program is absolute neglect of best practices. they don't know what they are. i would suggest one thing,...
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gomez's actions were clearly violations of the law.;jw/ jewel gomez's actions took place joule gomez was acting as chair of the meetingó. jewel gomez's actions were excused as private philanthropyz getting its money's worth. despite the formal transmission byf7/m the fair -- to the mayory the ethics commission the mayor response or justification of any got for official misconduct. standards of our society are for sale to privateéym> president chiu: thank you. next speaker. >> hello. hello. my name is eartha mcguire. first of all, just listening to this testimony, the mayor's representative is trying to prove how -- violate the official duties. i find it hard to believe. and so we -- i volunteer for many organizations who do all this compassionate work. and ross is the jewel in the crown. i foun
gomez's actions were clearly violations of the law.;jw/ jewel gomez's actions took place joule gomez was acting as chair of the meetingó. jewel gomez's actions were excused as private philanthropyz getting its money's worth. despite the formal transmission byf7/m the fair -- to the mayory the ethics commission the mayor response or justification of any got for official misconduct. standards of our society are for sale to privateéym> president chiu: thank you. next speaker. >> hello....
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Oct 13, 2012
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but i want to do the right thing, and base right or wrong according to what the law demands and what the evidence demonstrates. i believe that the ethics commission's recommendation is correct on its face. it's not possible for a top law enforcement official to effectively discharge the duties of his office while he remains under the supervision of the criminal justice system. his sheriff is undergoing a mandatory 52 long week program for batterers and serving three years probation. because of this i don't believe the public would have faith that he could effectively serve as sheriff. that part is straightforward to me. what is extremely emobile to me is ross mirkarimi is our colleague and friend to some of most of all from his incident and his family requires healing. i have tremendous empathy for ross and his family, ross, eliana and their family and want to see them heal and see nothing but happiness for them but my feelings for them must not override high commitment to zero tolerance policy of domestic violence and the only path forward is to recognize how serious a crime it is a
but i want to do the right thing, and base right or wrong according to what the law demands and what the evidence demonstrates. i believe that the ethics commission's recommendation is correct on its face. it's not possible for a top law enforcement official to effectively discharge the duties of his office while he remains under the supervision of the criminal justice system. his sheriff is undergoing a mandatory 52 long week program for batterers and serving three years probation. because of...
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Oct 11, 2012
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our commission president is an attorney who practice law, is now a professor at san francisco art institute. so artists often have multiple skill sets just like business individuals or medical professionals, doctor doctors cn businesses. that's not to say we don't need it prepare commissioners well with the proper material and proper orientation and we don't need to look at the aggregate skill set. the mayor's office has been a great partner in discussing the skill sets needed, and bringing the necessary skill sets to round out the 15 member commission. i'm confident we are on a positive path for it in that regard. in terms of other governance issues, i think to just look at the oversight function, we also have -- in terms of controller's review in november of 2011, i think there was a lot of findings in that controller's review about broader oversight and i'm happy to report since then the commission has completed successfully eight of the 12 recommendations made in that report which is a testament to how some of this new leadership and new systems in orientation and different ways in whic
our commission president is an attorney who practice law, is now a professor at san francisco art institute. so artists often have multiple skill sets just like business individuals or medical professionals, doctor doctors cn businesses. that's not to say we don't need it prepare commissioners well with the proper material and proper orientation and we don't need to look at the aggregate skill set. the mayor's office has been a great partner in discussing the skill sets needed, and bringing the...
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Oct 12, 2012
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and it doesn't have any support in the law. that's why, when they tell you that our position, that you have to be in office in order to commit official misconduct is unsupported, they have to go to other jurisdictions to try to get some case law to support their position. and we submit to you that you don't have to look any further than the the case law here in california, and it's right there on page 150 of the mazzola decision, wherein the court of appeals said there has to be a violation or omission of a proscribed act committed while in office. if you're not in office, you there's nothing to measure the conduct against. and so for those reasons, we urge that you vote to reinstate the sheriff. thank you. >> president chiu: thank you, mr. kopp. i know we have a number of questions to be posed. i will start things off, as i ask the mayor's counsel a number of questions to really understand the full extent of the arguments. first one i want to address the topic of timing. you say that by definition, official misconduct cannot o
and it doesn't have any support in the law. that's why, when they tell you that our position, that you have to be in office in order to commit official misconduct is unsupported, they have to go to other jurisdictions to try to get some case law to support their position. and we submit to you that you don't have to look any further than the the case law here in california, and it's right there on page 150 of the mazzola decision, wherein the court of appeals said there has to be a violation or...
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there are many bright lines in the law. now again not every law is susceptible to a bright line but by and large i think it does benefit the public when the laws are clear so that they can easily be followed. >> supervisor cohen: thank you. >> president chiu: supervisor kim. >> supervisor kim: you somewhat addressed this already when you said that it may be challenging for you to address the actual relationship to the office that was determined by the majority of the commission, but since you were sent to represent the commission i thought i would ask, so having read the transcripts several times actually the one question that was not answered to me is what exactly is the relationship to the office? i heard a couple of examples such as the sheriff runs our domestic violence programs and he committed an act of domestic violence. from your understanding of the majority of the commission is that the relationship, or was there another kind of clear delineation of what that relationship to the office was, for specifically counts
there are many bright lines in the law. now again not every law is susceptible to a bright line but by and large i think it does benefit the public when the laws are clear so that they can easily be followed. >> supervisor cohen: thank you. >> president chiu: supervisor kim. >> supervisor kim: you somewhat addressed this already when you said that it may be challenging for you to address the actual relationship to the office that was determined by the majority of the...